How does national stage entry affect the application of pre-AIA or AIA rules for PCT applications?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-30 10 Rules 5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. The national stage entry of a PCT application does not change its status under pre-AIA or AIA rules. The MPEP clearly states: Similarly, a PCT application filed under 35 U.S.C. 363 before March 16, 2013, is subject to pre-AIA 35 U.S.C. 102 and 103, regardless of whether the application enters the national stage under 35 U.S.C. 371 before or after March 16, 2013. This means that for PCT applications, the international filing date is the determining factor for whether pre-AIA or AIA rules apply, not the date of national stage entry. This is crucial information for patent attorneys and applicants dealing with international patent applications. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse PCT Application Filed Under 35 U.S.C. 363 Before March 16, 2013, Subject to Pre-AIA 102 and 103 MPEP 2139 Application Filed Before March 16, 2013, Is Pre-AIA MPEP 2139 Continued Examination Not Constituting New Application MPEP 2139 Applications Claiming Earlier Filing Dates Subject to Pre-AIA 102 MPEP 2139 Later-Filed Application Must Reference Prior Copending Application MPEP 1504.20 Required Specific Reference to Prior Application Must Be in ADS for Filing On or After September 16, 2012 MPEP 1504.20 Required Continuation May Claim International Filing Date MPEP 1895.01 Permitted Specific Reference to Prior Application Required in First Sentence for Pre-2012 Filings MPEP 1504.20 Required Prior-Filed Application Must Name Inventors of Later-Filed Application MPEP 1504.20 Required Benefit Under 35 U.S.C. 386(c) for Design Applications MPEP 1481.03 Other Related FAQs 5 FAQs Collapse Can applications filed after March 16, 2013 ever be subject to pre-AIA 35 U.S.C. 102? What determi...